Legal Opinion
Hanna v. Lomas & Nettleton Co. (In Re Hanna)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 7, 1983No. 19-11181PublishedCited by 18 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether the debtor’s “complaint objecting to secured claim,” which alleges a violation of the Truth in Lending Act (“TILA”) by the defendant-lender, can be maintained even though said complaint was filed more than one year after the date of the occurrence of the alleged violation. We conclude that the debtor’s TILA claim, although raised in the form of a complaint objecting to the lender’s secured claim, is in the nature of re-coupment and, as such, is not subject to the one-year statute of limitations.
The facts of the instant…
2Cases cited6 opinions
- Continental Illinois National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1942
- Household Consumer Discount Co. v. VespazianiSupreme Court of Pennsylvania · 1980
- Pennsylvania R. Co. v. MillerCourt of Appeals for the Fifth Circuit · 1941
- Galea'i v. Associates Financial Services Co. of Hawaii (In Re Galea'i)United States Bankruptcy Court, D. Hawaii · 1981
- General Motors Acceptance Corp v. Audino (In Re Audino)United States Bankruptcy Court, D. Rhode Island · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jungkurth v. Eastern Financial Services, Inc. (In Re Rhoda Jungkurth)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Johnson-Allen v. Lomas & Nettleton Co. (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1986
- Werts v. Federal National Mortgage Ass'nDistrict Court, E.D. Pennsylvania · 1985
- Seidner v. Citibank (South Dakota) N.A., Texas Court of Appeals, 14th District (Houston)2006
- Woolaghan v. United Mortgage Services, Inc. (In Re Woolaghan)United States Bankruptcy Court, W.D. Pennsylvania · 1992
13 more not listed; retrieve them via the Exa API.